• Is there a way to request for property registration after the expiry of sale agreement

We purchased a flat in an apartment for 29 lakhs. we have paid 7 lakhs in advance and made a sale agreement in which we agreed to pay remaining amount in 2 months and get the flat registered. Due to some unforeseen circumstances we couldn't arrange money in time. we requested for one more month of time to pay back the remaining amount. but the buyer is not accepting our request and also not returning the advance. could you please suggest some solution to this problem
Asked 1 year ago in Property Law
Religion: Hindu

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10 Answers

Issue legal notice and file a civil suit. Pending suit seek for an order against seller not to alienate the flat to third parties 

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
91 Consultations

If there is written agreement then the terms of agreement shall prevail. However, raise demand of refund and file suit for recovery. 

Siddharth Srivastava
Advocate, Delhi
1346 Answers

You mean the seller is not agreeing to sell the property beyond the time stipulated in the sale agreement and is not willing to return the advance amount also.

Well, you can file a suit for specific performance of contract before the jurisdictional civil court and seek direction by court to the seller to execute the sale deed after receiving the balance of sale consideration amount failing which you can ask the court to do the registration  by itself.

Alternately you can seek for refund of advance amount with interest from the date of payment.

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

It will depend on the terms of the agreement to sale. You need to make good the loss to the seller by your act of not adhering to the stems of arrangement of total amount of sale consideration 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

Is there forfeiture clause in agreement for sale 

 

2) issue legal notice to seller to execute registered sale deed or in alternative refund money paid with interest 

 

3) if seller refuses file suit for specific performance 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Sale Agreement will be valid for 3 years. Send a legal notice to the seller to return your advance amount or to execute sale deed in your favour.

Shashidhar S. Sastry
Advocate, Bangalore
5408 Answers
329 Consultations

You can very much force seller to execute sale deed in your favour. File a suit for specific  performance of agreement to sale depositing dd for the balance sale consideration. Obtain stay against sale of property to third parties by seller. If you can give valid reason for delay in payment of balance of sale consideration, Court will pass decree for performance of agreement against him.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

- As per law, you can cancel the agreement due to unforeseen reasons , and the said seller is bound to refund the entire amount paid by you. 

- You can send him a legal demand notice for getting the refund of the amount 

- If no refund is done , then file a recovery suit before the court. 

- Further, if you wanted to purchase the said flat after paying the remaining amount , then file a suit for Specific Performance before the court. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

You have to file suit of specific performance.  

sale agreement in which we agreed to pay remaining amount in 2 months ? IS there any clause that if the remaining amount is not paid in 2 months, advance will forfeit by seller or deal will cancel. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Dear Client,

In the event of a documented agreement, the stipulated terms shall take precedence. Nevertheless, if a refund is requested and legal action for recovery is necessary, such action may be pursued.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

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